07/10/2015

Jason Rowland

Echo 5 Aerial Solutions

332 RT 232

Rumford, ME 04276

(207) 450-6816

jrowland@sugarloaf.com

I formally petition the Federal Aviation Administration (FAA) for an exemption from part 21, subpart H; 

and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.119 (c) 91.121, 91.151(a), 91.203(a) and (b), 

91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 

CFR). Outlined below are the descriptions of the parts, subparts and sections in which I request 

exemptions and my reason for requesting the exemptions. 

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions 

approvals, airworthiness certificates, and airworthiness approvals. Section 45.23(b) prescribes that 

when marks include only the Roman capital letter “N” and the registration number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “lightsport,” “experimental,” or “provisional,” as applicable. 

Section 61.113(a) and (b) prescribes that— (a) no person who holds a private pilot certificate may act as 

a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot 

may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or 

employment if: 

(1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. 

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy 

condition. 

 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: 
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure. 

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this 

section, provided each person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA; and (2) A powered parachute or weight-shift-control aircraft may 

be operated at less than the minimums prescribed in paragraph (c) of this section. 

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude 

by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” 

Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 

minutes [emphasis added]. 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has 

within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration 

certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft 

registration Application as provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, 

that no person may operate a civil aircraft unless the airworthiness certificate or a special flight 

authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner 

shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between 

required inspections, except as provided in paragraph (c) of the same section, have discrepancies 

repaired as prescribed in part 43 of the chapter. 

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved 

for return to service by a person authorized under § 43.7 of the same chapter. 

Section 91.409(a) (2) prescribes, in pertinent part, that no person may operate an aircraft unless, within 

the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that— (a) Each registered owner or operator 

shall keep the following records for the periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, 

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must 
include— (i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current

status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since 

last overhaul of all items installed on the aircraft which are required to be overhauled on a specified 

time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained. (v) The 

current status of applicable airworthiness directives (AD) and safety directives including, for each, the 

method of compliance, the AD or safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is required. (vi) Copies of the forms 

prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed 

engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records 

specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by 

other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this 

section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of 

defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until 

the defects are repaired and the aircraft is approved for return to service. 

Echo 5 Aerial Solutions exemption requests from the above are detailed below: 

Unmanned Aircraft System: 

Echo 5 Aerial Solutions plans to operate a UAS, the DJI Inspire 1, which is comprised of an unmanned 

aircraft (UA or DJI Inspire 1). The DJI Inspire 1 is a quad-copter with a gross weight of about 6.5 pounds. 

It is equipped with four rotors that are driven by electric motors which are powered by batteries. The 

UA has a maximum airspeed of 45 mph. 

Echo 5 Aerial Solutions plans to use this UAS in aerial cinematography and photography for real-estate 

listings, Golf Course shoots, and other such tasks for businesses in the greater Maine area which could 

benefit from an aerial view for their planning of future expansions and/or advertising of their products 

or business. For most businesses and realtors in the area, standard aerial photography has been very 

cost prohibitive. The economic impact of being able to assist your business using aerial photography 

would be substantial. 

The use of this UAS in the above named applications greatly reduces risk to the public and property as 

there is no fuel carried by the DJI Inspire 1, aircraft noise is greatly reduced as opposed to a standard 
aircraft or rotorcraft both of which require numerous passes or extended lengths of hover time to 

accomplish the same task as the DJI Inspire 1 can in only a few minutes. The DJI Inspire 1 only weighs 

about 6.5 pounds and is by far a much smaller hazard to persons or property than a standard aircraft or 

helicopter in the event of a catastrophic in-flight failure. 

Safety is paramount for Echo 5 Aerial Solutions. The safety of the public and property are first and 

observed and ad heeded to on all flights. 

Echo 5 Aerial Solutions makes the following representations of its operation in which to abide by to 

ensure these exemptions if granted, will provide a level of safety at least equal to existing rules: The DJI 

Inspire 1 will only be operated by, one operator (Jason Rowland)with at least a 3 years’ experience with 

quad copter UAS. The PIC will has completed at a minimum, 25 hours of documented flight time using 

the DJI Inspire 1 focus being: 

a) Collision avoidance b) Loss of C2 link procedures as outlined in the Operators manual for the DJI 

Inspire 1. c) Identification of inflight hazards i.e. aerial wires, birds in the area, changing weather etc. d) 

Estimating distance from objects, persons, vehicles and vessels. e) Communication with the spotter(s) f) 

referenced in the DJI Inspire 1 user manual ver 1.2 (PDF) attached. g) The ability to recognize persons or 

objects that are not part of the intended and permitted part of the project that enter the 500 foot 

operational area unless such persons or objects are deemed permitted by the owner or controller of the 

property or area and the PIC makes a safety assessment of the risk of operating closer and it does not 

pose undue or significant risk. h) The ability to quickly and safely land the DJI Inspire 1 in the event of 

intrusion into the safe zone. 

1.) A complete pre-flight systematic check by the PIC of the DJI Inspire 1’s physical condition, i.e. props, 

prop guards, landing gear, position indicator lights, battery capacity and overall airframe condition. If 

any of the above is not within the manufacturers minimum standards no flight will take place until such 

time as the issue(s) is repaired to manufacturers standards. 2.) Written documentation of each physical 

inspection and repairs if any, by the PIC (pilot in command) will be kept with the DJI Inspire 1 and will be 

on-site and available for review. 

3.) Software in relation to the DJI Inspire 1’s operation will be checked for proper function. The most 

current DJI Pilot APP and the current firmware will be installed to assure the most up to date safety 

features. 4.) Prior to every flight, the compass on the DJI Inspire 1 will be calibrated as to ensure 

precision location. 5.) Echo Aerial Solutions will ensure the altimeter setting on the DJI Inspire 1 is that of 

AGL (above ground level) rather than GPS or barometric pressure derived settings. 6.) Every safety 

feature offered through the DJI Pilot APP will be enabled for every flight, I.E. Safe to fly GPS. Please refer 

to the attached DJI Inspire 1 user manual V.1.2 PDF file starting at page 12 for a description of the 

following safety features: (49) Compass calibration (14) Low battery auto go home 

(16) Dynamic home point (15) Current RTH (return to home) altitude (AGL) (14) Low 

battery alarm 

 7.) Echo 5 Aerial Solutions will operate with a minimum of (1) one, trained spotter for every flight. 

“Trained” meaning familiarization with the DJI Inspire 1, its abilities according to the operators’ manual 
as well as the abilities of PIC. Spotters will participate in documented training developed in-house prior 

to being allowed on the flight line. Training will consist of, at a minimum the following: 

a) The ability to roughly identify minimum distance from objects b) The ability to quickly recognize

unusual flight maneuvers/attitudes of the DJI Inspire 1) The ability to communicate with the PIC the 

visual limitations and to never let the DJI Inspire 1’s out of the visual capabilities of the PIC and the 

spotter(s). d) The ability to recognize persons or objects that are not part of the intended and permitted 

part of the project that enter the 500 foot operational area unless such persons and objects are deemed 

permitted by the owner or controller of the property or area and the PIC makes a safety assessment of 

the risk of operating at a closer range and it does not pose undue or significant risk to those persons or 

objects. “ e) The ability to accurately describe to the PIC, the orientation of the DJI Inspire 1 in relation 

to the pre-set home point as well as the direction of travel. f) The training will take place under strict, 

safe conditions away from persons or large obstacles. I.e. large open fields. 

8.) Prior to each flight, the PIC and the Spotter(s) will perform a pre-flight briefing detailing the 

estimated flight distance, estimated flight level AGL and the goal of the particular flight. Each preflight 

briefing will be documented by the PIC to include flight details, pilot name, spotter(s) name, weather 

details, time and date. 

Written and/or verbal consent will be obtained from the person/business requesting the flight. 

A post-flight briefing will also be conducted and documented with the PIC and the 

Documented Pre-flight, the raw pictures and/or the raw video footage as well as the post-flight brief and 

written consent will be kept by Echo 5 Aerial Solutions for a period of at least (2) years. 

Echo 5 Aerial Solutions believes that given the size, weight, speed, and limited operating area associated 

with the DJI Inspire 1, requests an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) 

and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is 

warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and 

Section 333 of P.L. 112-95 (Section 333). 

Echo 5 Aerial Solutions requests exemption from § 45.23 Marking of the aircraft. The DJI Inspire 1, does 

not have a cockpit or a pilot station. Minimum sized lettering and wording are difficult to place on the 

DJI Inspire 1. Echo 5 Aerial Solutions will affix a sticker on the unit which will contain contact information 

for the company in case of aircraft loss. 

Echo 5 Aerial Solutions requests an exemption from §§ 91.405(a), 91.407(a) (1), 91.409(a) (2) and 

91.417(a) and (b) Maintenance inspections and feel it should be granted since they only 

apply to aircraft with an airworthiness certificate. Echo 5 Aerial Solutions has developed maintenance 

inspections and documentation methods for the DJI Inspire 1 from personal experience as well as the 

manufacturer’s user manual. (See attached pdf DJI Inspire 1 user manual v1.6.) 

 UAS Pilot in Command (PIC) Under § 61.113 (a) and (b) private pilots are limited to noncommercial operations. Under current regulations, civil operations for compensation or hire require a 
PIC holding a commercial pilot certificate per 14 CFR part 61. Based on the private pilot limitations in 

accordance with pertinent parts of 14 CFR 61.113(a) and (b), a pilot holding a private pilot certificate 

cannot act as a PIC of an aircraft for compensation or hire unless the flight is only incidental to a 

business or employment. “However, in Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the 

FAA determined that a PIC with a private pilot certificate operating the Astraeus UAS would not 

adversely affect operations in the NAS or present a hazard to persons or property on the ground.” Echo 

5 Aerial Solutions requests that an exemption allowing a private pilot employed by Echo 5 Aerial 

Solutions be allowed to be the PIC of the DJI Inspire 1 for compensation similar to the grant of 

exemption No.11602 to Astraeus Aerial. 

Echo 5 Aerial Solutions requests relief from § 91.119(c) because the aircraft will be operated at altitudes 

below 300 feet AGL. Section 91.119(c) states that no person may operate an aircraft below the following 

altitudes: over other than congested areas, an altitude of 400 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 400 feet 

to any person, vessel, vehicle, or structure. Echo 5 Aerial Solutions will operate pursuant to the following 

restrictions related to § 91.119: -Operate in reasonably safe environments that are closely monitored by 

ground assistants and signage placed in locations that would be considered reasonable locations for 

pedestrians, vehicles or vessels to enter the area. -Within 5 miles of airports and congested areas. 

Congested areas will be defined by VFR charts as well as by contacting the local FSDO (flight standards 

district office) - Conduct all operations under Echo 5 Aerial Solutions guidelines contained in the 

operating documents and will analyze flight data and other sources of information such as the 

manufacturer’s website to constantly update and enhance safety. -Contact respective airports if 

operations will be within 5 miles to advise them of estimated flight time, flight duration, elevation of 

flight and other pertinent information deemed important by the airport. - Always obtain all necessary 

permissions prior to operation. Permissions include but are not limited to a (COA) and a request for a 

(NOTAM) as well as permission from the property owner or person in control of the property and when 

practical will be in writing and kept on file for 2 years for review. If it’s not possible to obtain written 

permission, the PIC will document in writing how permission was obtained i.e. phone call with date, 

time and party information. 

Echo 5 Aerial Solutions requests relief from 14 CFR 91.121 Altimeter Settings. Echo 5 Aerial Solutions DJI 

Inspire 1 has a barometric altimeter and GPS derived altitude capabilities. The FAA requires any altitude 

reported to ATC to be in feet AGL. Echo 5 Aerial Solutions will set the altimeter on the DJI Inspire 1 to 

zero feet AGL rather than local barometric pressure or field altitude before flight. 

Echo 5 Aerial Solutions requests relief from § 91.151 (a) Fuel requirements for flight in VFR conditions 

based on the following: 

No fuel is used in the DJI Inspire 1 but it is battery operated. Batteries have, in our experience have 

about 15 minutes of quality flying time. In the interest of safety, Echo 5 Aerial Solutions generally lands 

with 35% of battery remaining which gives about 9 minutes of flying time per battery. The DJI Inspire 1

has an audible battery state warning system. Echo 5 Aerial Solutions will always follow the manufactures 
minimum battery warning which is 30% remaining. There is also an onscreen warning of not enough 

battery to return to home message if flight distance has exceeded battery capacity. In this event, an 

emergency landing would be made as soon as safe and practical. The DJI Inspire 1 also has an 

automated function which results in immediate landing when a low battery is detected. Researching 

previous relief requests, relief has been granted for manned aircraft to operate at less than prescribed 

minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS-specific relief has 

been granted in exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. Echo 5 Aerial 

Solutions will adhere to all VFR minimums as well as VMC conditions when planning and/or executing 

any flights. There is little purpose for aerial video or pictures if the weather is less than desirable. 

Following VFR minimum standards will at least ensure a safe flight. Wind and forecast weather will be a 

key in deciding suitable conditions. Local weather can be attained from the nearest airport by using 

AWOS. No flight will take place in any condition that would potentially be outside of the DJI Inspire 1

capabilities in wind. Echo 5 Aerial Solutions will always fly within its 30% minimum remaining battery life 

at its first intended landing point. 

Echo 5 Aerial Solutions will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations. Echo 5 Aerial Solutions will also request a 

Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. 

If there are any areas that have not been addressed, please contact me for supplemental information. 

Sincerely,

Jason Rowland

Echo 5 Aerial Solutions

332 RT 232

Rumford, ME 04276

(207) 450-6816

jrowland@sugarloaf.com